ERISA doesn’t completely preempt suit over pension rights 
Published: May 15, 2013
Tags: breach of contract, ERISA, preemption, supplemental executive retirement plan
A tortious interference suit over contractual obligations arising under a pension plan was not completely preempted by ERISA, the 6th U.S. Circuit Court of Appeals has ruled in reversing a dismissal.
Homeowners can’t sue over denial of HAMP application
Published: April 24, 2013
Tags: breach of contract, fraud, HAMP, Home Affordable Modification Program, mortgage modification
Homeowners could not pursue state-law claims for the alleged wrongful denial of a mortgage modification under the federal Home Affordable Modification Program (HAMP), the 4th U.S. Circuit Court of Appeals has ruled in affirming a dismissal.
Court-appointed expert isn’t immune from suit
Published: April 15, 2013
Tags: breach of contract, expert witnesses, judicial immunity, professional liability
A court-appointed expert was not immune from liability for allegedly failing to provide contracted-for services in a divorce case, the Oklahoma Supreme Court has ruled in reversing a dismissal.
N.Y. high court sets real property damage standard
Published: March 26, 2013
Tags: breach of contract, real property
A seller suing for a buyer’s breach of a contract to sell real property was entitled to recover the difference between the contract price and the fair market value of the property at the time of the breach, New York’s highest court has ruled.
Suit alleges D.C. firm failed to protect inventor’s secrets
Published: January 18, 2013
Tags: breach of contract, breach of fiduciary duty, confidentiality, legal malpractice, malpractice, McDermott Will & Emery, negligence
A recently filed malpractice suit seeks to hold the D.C. law firm of McDermott, Will & Emery liable for the alleged theft of a California inventor’s confidential information.
O’Quinn firm faces suit over expenses
Published: January 7, 2013
Tags: breach of contract, breach of fiduciary duty, deceptive trade practices, ethics, fraud, legal ethics, mass tort, negligence, referral fees, settlements, silicosis litigation
According to a lawsuit filed by former clients, the Texas-based O’Quinn law firm mishandled their silicosis litigation settlement funds.
Market crash inadmissible to refute ‘lost profits’
Published: December 12, 2012
Tags: breach of contract, lost profits
Defendants in a real estate development dispute could not introduce evidence of a post-breach crash in the real estate market to prove that the plaintiffs would not have profited from the parties’ contract, Maryland’s highest court has ruled in affirming judgment.
‘Lost profits’ expert excluded in breach-of-contract case
Published: December 6, 2012
Tags: breach of contract, expert witness, lost profits
An expert could not testify that a plaintiff would have been “extraordinarily successful” had the defendant not breached the parties’ contract in support of a claim for over $1 billion in “lost profits” damages, the California Supreme Court has ruled.
Benchmarks: Gambling contract may be enforceable
By:
Pat Murphy
Published: November 8, 2012
Tags: breach of contract, gambling
Anyone who has gone to law school probably has some dim memory of being told that gambling contracts are generally unenforceable on public policy grounds.
But Tuesday a California court decided that a professional poker player just might have enforceable rights under an alleged oral agreement to stake another gambler.
Insurer doesn’t owe duty of good faith to foster child
Published: October 22, 2012
Tags: bad faith, breach of contract, insurance, wrongful death
An insurance company that provided foster care liability insurance did not owe a duty of good faith to a foster child who died from neglect, the 10th Circuit has ruled in affirming judgment.
